APPENDIX

OFC Case-Handling Procedure1

Origin of the Case (Rule 2)

- Complaint
- Reports of violation
- Investigate motu propio

 Dismiss the case and inform

Preliminary IF NOT within OFC jurisdiction complainant; or
Assessment  Refer to appropriate sector
regulator (Rule 3, Sec. 6)
IF within OFC jurisdiction

Request submission of
complaint under oath and
other relevant documents
(Rule 3, Sec. 1)

Use investigative measures such

Investigation and
IF necessary as requests for information or
Examination
(Rule 3, Sec. 4 & 5) require submission of additional
documents (Rule 3, Sec. 5)

OR

Create ad hoc team of sector

Prepare Investigation Report
regulators to be chaired by OFC to
(Rule 4, Sec. 1)
undertake joint investigation of
cases (Rule 3, Sec. 6)

Submit Investigation Report

to the Secretary of Justice Recommend filing of
IF violations are found
within 30 calendar days administrative, civil and/or
from termination of
criminal cases (Rule 4, Sec. 3)
investigation (Rule 4, Sec. 2)

Approval, Modification or
Disapproval by the IF approved Prepare and file the appropriate
Secretary of Justice (Rule 5, complaint/s (Rule 5, Sec. 2)
Sec. 1)

1
Based on DOJ Department Circular No. 11 “Guidelines Governing the Implementation of Executive Order No.
45, Series of 2011, Designating the Department of Justice as the Competition Authority” issued on 01 March
2013.